Hi all. Long read, I am sorry, thank you in advance.
My property ( I am the vendor ) went up for sale, as you do I contacted a conveyancer to do the usual things they do. First time my property when up on sale it was a sale by private treaty. Authority to act letter from the conveyancer stated the fee and the stipulation of monies paid in the event of a non-sale due to buyers finance falling through, vendor withdrawing property from the market- 300$ inclusive of GST. this covered work to date it read.
Property did not sell, we were going on a holiday, agent said take it off the market and we’ll relaunch in a few months time. We did just that- property was removed, my conveyancer never invoiced me.
Few months later, we re-launch, property is on the market, this time it is going to Auction, so I get in contact with the same conveyancer and update them. No problem, I am advised an extra fee of 400$ is payable for the auction contracts and that work will not commence until I agree. I agree.
Property does not sell, I remove property from the market. I receive an invoice from conveyancer for 2.2k. My eyeballs pop out and almost lasso around my cranium.
I question the invoice and refer them to the original auth to act letter, and 400$ extra price. I am met with verbal abuse, threatening me with caveats and all sorts of things.
I questioned why the 1st section 32 prepared a fee of 279$ was listed (inc gst) whilst the second sect32 was listed at 950$, plus 300$ contract prep fee. Also questioned why the agreed price has more than doubled.
Again I was met with abuse. I asked them for invoices for the certificates they paid on my behalf, so I can reimburse that portion of the invoice, I also asked why I wasn’t notified they were purchasing express documents when they weren’t required.
I was met with more abuse and told over the phone they don’t require to send me anything. Pay the invoice- it is correct- OR else.
Emailed them back and forth a few times just trying to get them to explain the pricing, asked again for the invoices for certificates, all my requests were ignored, I was mocked, and then in the last email I was told to stop emailing them as the file is now with their barrister.
So I waited for contact from their legal team, nothing. Then a week later (today) I receive another email from the conveyancer, formally telling me to pay or else legal proceedings will begin. They have given me 1 week to pay the invoice, or else a caveat will be placed on my property, I will be up for any legal fees they incur and interest may be charged on the invoice.
I have all correspondence with the conveyancer, every single email, every single price that was agreed. And whilst going through all my emails I have received and sent, one email caught my attention.
I never printed off, signed and sent back the Authority to act email she sent me. Now I’m not trying to not pay, however if I never signed and consented, has she got no legal leg to stand on?
Mind you all I wanted to do was pay the 300$ stipulation, the agreed 400$ work for auction, and I advised them that once they provide invoices and proof of where I authorized purchases on my behalf for certificates, I’d compensate them for that as well.
This wasn’t good enough? They want the 2.2k.
Can they legally go ahead and place a caveat on my title, when it is an unreasonable invoice. And if they do try place a caveat- will they require that authority to act letter signed by myself, giving them permission?
MANY MANY THANKS!
My property ( I am the vendor ) went up for sale, as you do I contacted a conveyancer to do the usual things they do. First time my property when up on sale it was a sale by private treaty. Authority to act letter from the conveyancer stated the fee and the stipulation of monies paid in the event of a non-sale due to buyers finance falling through, vendor withdrawing property from the market- 300$ inclusive of GST. this covered work to date it read.
Property did not sell, we were going on a holiday, agent said take it off the market and we’ll relaunch in a few months time. We did just that- property was removed, my conveyancer never invoiced me.
Few months later, we re-launch, property is on the market, this time it is going to Auction, so I get in contact with the same conveyancer and update them. No problem, I am advised an extra fee of 400$ is payable for the auction contracts and that work will not commence until I agree. I agree.
Property does not sell, I remove property from the market. I receive an invoice from conveyancer for 2.2k. My eyeballs pop out and almost lasso around my cranium.
I question the invoice and refer them to the original auth to act letter, and 400$ extra price. I am met with verbal abuse, threatening me with caveats and all sorts of things.
I questioned why the 1st section 32 prepared a fee of 279$ was listed (inc gst) whilst the second sect32 was listed at 950$, plus 300$ contract prep fee. Also questioned why the agreed price has more than doubled.
Again I was met with abuse. I asked them for invoices for the certificates they paid on my behalf, so I can reimburse that portion of the invoice, I also asked why I wasn’t notified they were purchasing express documents when they weren’t required.
I was met with more abuse and told over the phone they don’t require to send me anything. Pay the invoice- it is correct- OR else.
Emailed them back and forth a few times just trying to get them to explain the pricing, asked again for the invoices for certificates, all my requests were ignored, I was mocked, and then in the last email I was told to stop emailing them as the file is now with their barrister.
So I waited for contact from their legal team, nothing. Then a week later (today) I receive another email from the conveyancer, formally telling me to pay or else legal proceedings will begin. They have given me 1 week to pay the invoice, or else a caveat will be placed on my property, I will be up for any legal fees they incur and interest may be charged on the invoice.
I have all correspondence with the conveyancer, every single email, every single price that was agreed. And whilst going through all my emails I have received and sent, one email caught my attention.
I never printed off, signed and sent back the Authority to act email she sent me. Now I’m not trying to not pay, however if I never signed and consented, has she got no legal leg to stand on?
Mind you all I wanted to do was pay the 300$ stipulation, the agreed 400$ work for auction, and I advised them that once they provide invoices and proof of where I authorized purchases on my behalf for certificates, I’d compensate them for that as well.
This wasn’t good enough? They want the 2.2k.
Can they legally go ahead and place a caveat on my title, when it is an unreasonable invoice. And if they do try place a caveat- will they require that authority to act letter signed by myself, giving them permission?
MANY MANY THANKS!
